The Mediation Framework in Botswana's Trade Disputes Act: A Unique Approach to Dispute Resolution

Abstract

AbstractBotswana's Trade Disputes Act was enacted to provide for a settlement of trade disputes by the Commissioner of Labour, mediators and arbitrators and for the establishment of the Industrial Court as a court of law and equity. Mediators therefore play a critical role in the resolution of trade disputes within Botswana's labour law framework, and while their role is facilitative, their contribution to the trajectory of resolving labour disputes is significant. This article analyses the form of mediation envisaged under the act, and the mediator's role and powers. It further considers circumstances under and the extent to which the Industrial Court may intervene in the decisions of mediators.